Family Law Videos

Family Law Videos

NEWS VIDEO: DO MEN GET A FAIR SHAKE IN DIVORCE?

There’s a common perception that men draw the short stick in divorces. There are even lawyers who represent just men, with the goal of evening some of the traditional imbalances in how divorces are handled. Historically, divorce laws were written to favor women: with alimony, custody, and support laws generally protecting women. THELAW.TV spoke with Fort Lauderdale, Florida divorce lawyer Yvette Harrell about how this situation is changing.

NEWS VIDEO: MURDOUCH DIVORCE COULD GET MESSY

The wife of billionaire media mogul Rupert Murdoch is bringing in the big guns in her divorce case. Reports say Wendi Deng hired New York lawyer William Zabel, despite having a prenuptial agreement. From The Telegraph: Mr. Zabel, 76, has warned “there is no guarantee” that a prenuptial deal will spare a couple a costly and acrimonious split. “In fact, its validity often becomes a separate, hotly contested legal issue,” he wrote. THELAW.TV spoke with Fort Lauderdale, Florida divorce lawyer Yvette Harrell about whether Ms. Deng’s new hired hand could poke a hole in the pre-nuptial agreement and get a better deal for his client. Wendi Deng filed for divorce last month after 14 years of marriage to the 82-year-old News Corporation chairman. The couple have two young daughters. Ms. Deng was Murdoch’s third wife. Her new lawyer has previously represent the wife for GE CEO Jack Welch; investor George Soros; golfer Greg Norman; and shock jock Howard Stern. He’s the author of the book The Rich Die Richer And You Can Too.

NEWS VIDEO: USHER: A LESSON IN CHILD CUSTODY

The unfortunate near drowning of the son of singer Usher Raymond is now at the center of a child custody battle between Usher and his ex-wife, who’s asking a judge to give her custody of their two children. From CNN: Five-year-old Usher Raymond V nearly drowned “in a swimming pool and is currently hospitalized in the intensive care unit of the Children’s Healthcare of Atlanta Hospital,” Tameka Foster said in an emergency motion filed Tuesday in a Fulton County, Georgia, court. A hearing is set for an Atlanta courtroom Friday afternoon for the motion, her lawyer said. The other child, Naviyd, is 4 years old. The singer did not address his ex-wife’s allegations or the upcoming hearing. Usher won primary custody of the children last year after a bitter court fight in which Foster accused the singer of being an absentee father. THELAW.TV spoke with Fort Lauderdale, Florida divorce lawyer Yvette Harrell about whether — and how — a non-custodial parent can get a change in custody based on this type of tragic incident.

By Attorney Yvette Harrell Special to THELAW.TV Unwed dads usually face tremendous challenges when trying to assert their rights as fathers. Historically, dads have tried (usually in vain) to navigate the family law system themselves, without any real knowledge as to how to do so successfully. Although there is no substitute for competent legal counsel, hopefully the list below will help dads better understand what they should and should not do when tackling legal issues concerning their children. The following list contains five important things that unwed fathers need to know: 1) Signing the birth certificate for your child does NOT mean that you have asserted your rights as a father. Only a court can adjudicate (confirm) paternity. Without a court order, the father of the child does not legally have any rights to the child (although there is still an obligation to support the child). Dad needs to file an action to establish paternity in order to have the court recognize him as the child’s father and confirm his rights related to that relationship. 2) If the mother of your child applies for any type of assistance from the government (i.e. “food stamps,” Medicaid, etc.), the state will initiate a child support action against you, regardless of whether she wants to pursue it or not. Many men are surprised to find that the state can initiate an action against dad for child support, even if mom does not ask for the state’s help. The application for government assistance requires that mom disclose dad’s identity. If she refuses to do so, or is dishonest about her knowledge, her application can be denied without further review. Once the state knows dad’s identity, it will initiate an action against dad to ensure that he is providing support for the child as well. 3) Almost all couples who become litigants in a child support or custody action initially had some sort of “understanding” or “agreement” between them. Agreements are only as good as the will of parties who created them. While it is great that you BELIEVE that your relationship with your child’s mother is such that there is no need for a court to intervene, it is likely that the relationship will not always be pleasant and amicable. The best option for dad is to file a petition to establish his rights and obligations as the father of the child. Otherwise, dad’s ability to spend time with his child will be subject to how mom feels at that moment – good, bad, or indifferent. 4) You CAN receive credit for support if you are able to PROVE financial support of your child even before the court order has been issued. There is a common myth that dad will not be given credit for any child support provided before a court order. This is simply not true. With proper documentation (receipts, money orders, etc.) and organization, the court will be more likely to accept that support and give the credit to the father. Conversely, after an order of support has been issued, any support dad provides in a manner different than what the order requires, or in addition to what the order requires, can (and probably will) be viewed by the court as being “gifts.” 5) Child support has nothing to do with rights to spend time with a child and vice versa. Dad’s obligation to pay child support has NOTHING to do with his rights to spend time with his child. In fact, as indicated above, dad could be ordered to pay child support without the court ever considering his rights to spend time with his child. There are some men paying child support who have no legal rights to their children. Dad’s payment of child support does NOT automatically give him timesharing (visitation) rights. Those rights must be specifically granted by the court. This list is by no means exhaustive of all of the things unwed fathers should know regarding their children, but it is a good place to start. The more fathers know, the better their chances at establishing a positive and consistent relationship in the lives of their children. The author, Yvette Harrell, is a divorce lawyer in Fort Lauderdale, Florida.

By Attorney Yvette Harrell Special to THELAW.TV It is now an all too common tale: They meet, fall in love, and have a baby (marriage optional). Everything seems great – a match made in heaven. Then, as if on cue, “Mr. Wonderful” becomes “Mr. Wanderer” and “Ms. Right” turns into “Ms. Ridiculous.” So the couple decides to go their separate ways, but neither knows exactly what that looks like. They begin to claim property, argue about everything, and place blame on one another. Then sadly, almost as an afterthought, the question is asked: What happens to the children now that the fairytale is over? When children are involved in a break-up, couples find themselves trapped in what seems to be a never-ending maze of questions involving parenting, child support, and visitation. It is simply amazing how couples who were once so in love, suddenly question their ex’s character, integrity, and even their ability to properly raise children. Undying love flies out of the window and is replaced by flying accusations of gold-digging, greed, and deadbeat dads. Break-ups turn seemingly well-adjusted individuals into malicious, calculating, and vicious people and very little attention is paid directly to the real victims of these life changes – the children. When parents turn against one another, they begin to use their children (sometimes unwittingly) as pawns in their chess game of “the big payback.” Parents then become active participants in scarring their children emotionally, socially and psychologically. In fact, there have been studies conducted which have revealed that when parents are not properly co-parenting, the children involved in those relationships develop slower and have more challenges learning and adjusting to everyday situations. One cannot help but wonder whether parents would modify their behavior towards one another if they knew that their arguments, accusations, and acrimony could lead to their children becoming developmentally challenged. There is nothing wrong with wanting a happily-ever-after or falling in love. There is also nothing wrong with making a decision to leave a relationship when it no longer works for you. There is, however, something very wrong with burdening a child with participation in an adult dispute. Granted, children do not come with a “how to” manual, but it should be obvious that a parent’s primary objection should be to care for and protect their child. Parents owe it to their children to love, guide, and care for them in spite of anything else. This obligation is not lessened because one experiences pain or heartbreak as a result of a relationship failure. When parents fail to meet this obligation, particularly as a result of focusing their attention on retaliation against the other parent, the real heartbreak belongs to the children. In spite of a failed relationship, if parents would turn their primary attention to the care of the little ones, their happily-ever-after is still possible … even if it has to be experienced vicariously through their children. The author, Yvette Harrell, is a divorce lawyer in Fort Lauderdale, Florida.